TM?Gaming Network Ltd (?AccessBET?)
Affiliates Program Terms and Conditions
Effective from 1st?March 2020
PLEASE READ THE ENTIRE AGREEMENT.
BY SUBMITTING THE DETAILS TO AccessBET WITH YOUR APPLICATION YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING ACCESSBET?S POSTING OF A CHANGE NOTICE OR REVISED AGREEMENT ON THE ACCESSBET SITE YOU AGREE TO BE BOUND BY THIS AGREEMENT AND HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE AND SUFFICIENTLY AUTHORIZED TO ENTER INTO THIS AGREEMENT.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in AccessBET Affiliate Program. The purpose of this program is to permit you to advertise our services on your site and to earn advertising fees for qualifying purchases. This Agreement is to allow HTML linking between your web site, blog or social media and the AccessBET web site. Please note that throughout this Agreement, "we," "us," and "our" refer to AccessBET and "you," "your," and "yours" refer to you, our affiliate.
2. AFFILIATE OBLIGATIONS
2.1?To begin the enrolment process, you will complete and submit the online application at the? http://affiliates.accessbet.com/registration.asp we manually approve applications and keep in mind that we may re-evaluate your application subsequently. By using our Affiliate Program, you warrant that:
2.2?You are 18 years of age and that there is no legal reason that you cannot enter into a binding agreement.
2.3?You are the owner or are licensed to use the entire contents contained on your website, blog and social media pages.
2.4?Your website and/or blog do not violate any law or regulation.
2.5?Your website and/or blog do not contain misrepresentation or content that is defamatory or violates any rights of privacy or publicity.
2.6?Your website and or/blog does not and will not infringe any copyright, trademark, patent or other proprietary right.
2.7?You place our banners anywhere on your site as you see fit, or within non-spam emails.
2.8?Failure to abide by these rules could mean termination from Affiliate Program.
2.9?Every affiliate is entitled to one affiliate account; registration of more than one affiliate account will lead to the suspension of both accounts until further notice.
2.10?AccessBET affiliate is prohibited from referring themselves. Failure to abide to this will lead to termination of your account.
2.11?Fraud is a serious offence and will be treated as such.
2.12?When You use the website or send emails or other data, information or communication to AccessBET, you agree and understand that You are communicating with AccessBET through electronic records and You consent to receive communications via electronic records from AccessBET periodically and as and when required. AccessBET may communicate with you by email or by such other mode of communication, electronic or otherwise.
2.13?Advertisement of AccessBET services through ad platforms such as Google ad-words is allowed as long as you refrain from bidding on AccessBET keywords.
2.14?We may notify you of any changes to your website or blog that we feel should be made, or to make sure that your links to our web site are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the AccessBET Affiliate Program.
2.15 You must provide accurate information about you in your application to the Program and correctly identify your site. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application and/or suspend and/or terminate your participation in the Program if we determine that your site is unsuitable. ?Unsuitable sites? include those sites that:
(a) promote or contain sexually explicit materials;
3. ACCESSBET RIGHTS AND OBLIGATIONS
3.1?All affiliate membership is subject to prior approval, we have the right to monitor your site at any time to determine if you are following the terms and conditions of this agreement, and as such:
3.1.1?AccessBET reserves the right to refuse service to any new affiliate, in its sole discretion, with or without cause.
3.1.2?AccessBET reserves the right to refuse to do business with anyone, at any time, for any reason.
3.1.3?AccessBET reserves the right, without liability, to reject, omit or exclude any affiliate or website for any reason at any time, with or without notice and regardless of any previous conditions.
3.1.4?AccessBET reserves the right to terminate this Agreement and your participation in the AccessBET Affiliate Program immediately and without notice to you should you commit fraud in your use of the Affiliate program, or should you abuse this program in any way. If such fraud or abuse is detected, AccessBET shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
We may modify any of the terms and conditions in this Agreement any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the commission structure and AccessBET?s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
5. PROMOTIONS RESTRICTIONS
You are free to promote your own web sites, but naturally any promotion that mentions AccessBET.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by AccessBET. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote AccessBET so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote accessbet.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from AccessBET. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the AccessBET Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
AccessBET respects the privacy of its users and promises not to disclose personal or business information to third parties without the express permission of you and your company, unless by order or instruction from any recognise authority, Court of Law or Regulatory Body in which case AccessBET will make best efforts to advise you of such notice where possible.
We will not sell your name, e-mail address, phone number, or any other personal information to anyone else. We consider this information to be private, and it will remain as such. If you have any questions about your privacy rights, contact us at? email@example.com
7. COMMISSION PLAN
7.1?AccessBET affiliate commission is LIFE TIME on Active players.
7.2?AccessBET commission is Tier Based, ranging from 25% to 35%?of Net Gaming Revenue less any promotional / bonus costs associated.
7.3?In order to be eligible for monthly commission, Your AccessBET Affiliate account must have a minimum of three (3) active referred customers
(i) New Affiliates Registrations have a period of three (3) month in which to reach the requirements of 7.3, failure to meet the requirements of 7.3 within the three (3) months of Affiliate Registration will result in termination of Account.
(ii) Existing Affiliates who have met the initial requirements of 7.3 (i) and subsequently have failed to earn any commission for a period of six (6) months, will have their Affiliate Account terminated
7.4?Active players are referred players who transact a minimum of one transaction each per week
7.5?Referred player who fail to meet the requirement to remain Active for a period of twelve (12) weeks will be removed from the LIFE TIME COMMISSION PLAN
7.6?No negative rollover.
8.1?Minimum withdrawal for foreign affiliates is 100 Dollars equivalent and 35,000 Naira for Nigerian affiliates.
8.2?We are also responsible for pay-outs of affiliate commissions and all financial transactions related to AccessBET affiliate program.
8.3?Your affiliate commission shall be processed into your bank account within twenty (20) working days of the following month.
8.4?We shall not be held responsible for your payment due to technical delay or bank delays exceeding the stipulated time-frame.
8.5?Payment shall by default be made to you in Naira,
Furthermore, payments payable to foreign Affiliates?may be processed to you in US dollars, Euros and GB pounds at the market exchange rate (the abokifx.com mid-market rate) from Twenty working days which payment report is compiled by AccessBET.
We have the right to change the payment schedules and methods of calculation at any time, using our discretion.
9. TERMS AND TERMINATION
9.1?These Terms and termination apply immediately your affiliate application is approved by AccessBET.com and will end when either party give notice to terminate your account.
10. GRANT OF LICENSES
10.1?We grant to you a non-exclusive, non-transferable, revocable right to
(i) access our site through HTML links solely in accordance with the terms of this Agreement and
(ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of AccessBET Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of AccessBET and the goodwill associated therewith will inure to the sole benefit of AccessBET.
10.2?Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
AccessBET makes no express or implied representations or warranties regarding AccessBET services and website or the services provided therein, any implied warranties of AccessBET ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. Addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or error.
12. LIMITATIONS OF LIABILITY
We will not be liable to you with respect to any subject matter of this agreement under any contract, Negligence, Tort, Strict liability or other legal or equitable theory for any indirect, incidental, consequential special or exemplary damages (Including, without limitation, loss of revenue or Goodwill or anticipated profits or loss business), Even if we have been advised of the possible of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall AccessBET?s cumulative liability to you arising out of or related to this agreement, whether based in contract, Negligence, Strict liability, Tort or other legal or equitable theory, Exceed the total commissions fees paid to you under this agreement.
You hereby agree to indemnify and hold harmless AccessBET, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on
(i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party,
(ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party.
15.? ??Governing Law and?Disputes
13.1 The laws of the Federal Republic of Nigeria, without regard to principles of conflicts of laws, will govern this Agreement. ?Any dispute, conflict or controversy, howsoever arising out of or broadly in connection with or relating to the Program and/or this Agreement, including but not limited to those relating to its validity, its construction or its enforceability, shall be first mandatorily submitted to settlement proceedings under the International Chamber of Commerce Amicable Dispute Resolution Rules (ICC ADR Rules). If the said dispute has not been settled within 60 days after a request for Amicable Dispute Resolution has been submitted under the said ICC ADR Rules, such dispute shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC Arbitration Rules). The ICC Rules? Emergency Arbitrator provisions are excluded. The dispute shall be resolved by one arbitrator to be appointed in accordance with the ICC Rules. The place of arbitration shall be ? ?Abuja, Nigeria.?The language of arbitration shall be English.
13.2 Notwithstanding anything to the contrary in this Agreement, AccessBET may seek injunctive or other relief in any state or national court of competent jurisdiction for any actual or alleged infringement of AccessBET?s or any other person or entity?s intellectual property or proprietary rights.
16.1?You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and AccessBET. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
16.2?Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all the business or assets of a third party.
16.3?This Agreement shall be governed by and interpreted in accordance with the laws of Nigeria without regard to the conflicts of laws and principles thereof. It is recognised that AccessBET Head Office is situated in?Federal Capital Territory - Abuja?and parties agree that all legal matters will be attended to within Abuja.
16.4?You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
16.5?This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
16.6?The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
16.7?If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.